Collective Bargaining Protection Act of 1991

Collective Bargaining Protection Act of 1991 - Amends the National Labor Relations Act to make it an unfair labor practice for an employer to offer or grant: (1) permanent replacement employee status during an economic strike between the labor organization that is acting as the collective bargaining representative involved in the strike, for a 12-week period beginning on the date of the hiring of the first such replacement; or (2) any employment preference to an individual who worked or indicated a willingness to work during an economic strike over an employee who exercised specified rights during such strike and who is working for, or has unconditionally offered to return to work for, the employer.

Amends the Railway Labor Act to prohibit any carrier or their officer or agent from offering or granting: (1) permanent replacement employee status in a craft or class during a labor dispute, for a 12-week period beginning on the date of the hiring of the first such replacement; or (2) any employment preference to an individual who worked or indicated a willingness to work in a craft or class during a labor dispute over an employee who exercised specified rights during such dispute and who is working for, or has unconditionally offered to return to work for, the carrier.

Revises National Labor Relations Act provisions for National Labor Relations Board (NLRB) prevention of unfair labor practices to require that priority be given to preliminary investigations of charges of unfair labor practices by an employer or labor organization filed before an employer hires a replacement employee. Requires the NLRB officer or regional director to try to issue a complaint before the expiration of the 12-week period (for the ban on hiring permanent replacement employees during an economic strike) if such official has reasonable cause to believe such charge is true, after such preliminary investigation.

 
HR 2918 IH1S
102d CONGRESS
1st Session
 H. R. 2918
`Collective Bargaining Protection Act'
IN THE HOUSE OF REPRESENTATIVES
July 16, 1991
Mr. RIDGE (for himself, Mr. HOUGHTON, Ms. SNOWE, and Mr. REGULA)   introduced
the following bill; which was referred to the Committee on Education and Labor
A BILL
`Collective Bargaining Protection Act'
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Collective Bargaining Protection Act of 1991'.
SEC. 2. RESTRICTION ON HIRING OF REPLACEMENT WORKERS DURING ECONOMIC STRIKES.
  Section 8(a) of the National Labor Relations Act (29 U.S.C. 158 (a))
  is amended--
  (1) by striking the period at the end of paragraph (5) and inserting
  `or,' and
  (2) by adding at the end thereof the following new paragraph:
  `(6)(i) to offer, or to grant, the status of a permanent replacement
  employee to an individual for performing bargaining unit work for the
  employer during an economic strike between the employer and the labor
  organization that is acting as the collective bargaining representative
  involved in the strike for a 12-week period beginning on the date of the
  hiring of the first such individual; or
  `(ii) to offer, or grant, an individual any employment preference based on
  the fact that such individual performed bargaining unit work, or indicated
  a willingness to perform such work, during an economic strike over an
  individual who--
  `(A) was an employee of the employer at the commencement of the strike;
  `(B) in connection with such strike has exercised the right to join,
  to assist, or to engage in other concerted activities for the purpose
  of collective bargaining or other mutual aid or protection through labor
  organization that is acting as the collective bargaining representative
  involved in the strike; and
  `(C) is working for, or has unconditionally offered to return to work for,
  the employer.'.
SEC. 3. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF RAILWAY
LABOR DISPUTES.
  Paragraph Fourth of section 2 of the Railway Labor Act (45 U.S.C. 152)
  is amended--
  (1) by inserting `(a)' after `Fourth'; and
  (2) by adding at the end of the following:
  `(b) No carrier,  or officer or agent of the carrier shall--
  `(1) offer, or grant, the status of a permanent replacement employee to an
  individual for performing work in craft or class for the carrier during
  a dispute involving the craft or class for a 12-week period beginning on
  the date of the hiring  of the first such individual; or
  `(2) otherwise offer, or grant, an individual any employment preference
  based on the fact that such individual was employed, or indicated a
  willingness to be employed, during a dispute over an individual who--
  `(A) was an employee of the carrier at the commencement of the dispute;
  `(B) has exercised the right to join, to organize, to assist in organizing,
  or to bargain collectively through the labor organization involved in the
  dispute; and
  `(C) is working for, or has unconditionally offered to return to work for,
  the carrier.'.
SEC. 4. PREVENTION OF UNFAIR LABOR PRACTICES
  Section 10 of the National Labor Relations Act (29 U.S.C. 160) is amended
  by adding the at the end the following:
  `(n) Whenever it is charged that any person has engaged in an unfair labor
  practice under subsection (a) or (b) of section 8 and such charge has been
  filed before an employer hires a replacement employee, the preliminary
  investigation of such charge shall be given priority over all other cases
  except cases of like character in the office where it is filed or to which it
  is referred. If, after such investigation, the officer or regional director
  to whom the matter was referred has reasonable cause to believe such charge
  is true, such officer or director shall endeavor to issue a complaint
  before the expiration of the 12-week period referred to in section 8(a)(6).'.